HomeMy WebLinkAbout20172798.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 14, 2017
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, August 14, 2017, at the hour of 9:00 a.m.
ki ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
El MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of August 9, 2017, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on August 9, 2017, as follows: 1) USR17-0007 — Mark and Alma Garcia, and 2)
PCSC17-0003 — Roger and Sheryl Hill. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
El PUBLIC INPUT: Chair Cozad advised all in attendance that usually the Board does not allow
comments on public input when an item is on the Agenda and asked the speakers to sign in.
Carl Erickson, resident of Greeley, expressed how removing County Council will remove the checks
and balances.
Dave Kisker, resident of Johnstown, suggested moving forward with the ballot question appears to
be retaliation against the County Council, because they ordered an audit to be completed. He stated he
/ / 9O 17
Minutes, August 14, 2017
Page 1
2017-2798
BC0016
would like the County Council to be strengthened and made more independent with their own budget.
He proposed forming a County Ethics Commission so there will be proper oversight, Mr. Kisker submitted
a letter as Exhibit "A".
Gene Stille, resident of Eaton and member of County Council, read a letter, marked Exhibit "B",
expressing his feelings about disbanding the County Council. He stated the Charter is the reason for the
formation of the County Council. Mr. Stille explained the County Council responsibility is to review all
aspects of County government and submit periodic reports to the public. He stated he is concerned about
who the employees and public will go to with issues and concerns, if the County Council is disbanded.
Mr. Stille stated disbanding will cause confusion and discontent and it is not the right thing to do now.
In response to Commissioner Conway, Mr. Stille stated that former County Council, Don Mueller, didn't
want to disband the County Council.
Charles Tucker, resident of Pierce and former County Council member, expressed his concerns
with voting to disbanding the County Council in an off -election year. In response to Commissioner
Conway, Mr. Tucker believes the ballot issue should wait.
Bill Jerke, resident of La Salle and former County Commissioner, stated he participated in several
meetings with regards to the function of County Council and feels that the County Council has not done
what it was intended to do. He stated there a two (2) different types of people who run for the County
Council. He suggested the need to proceed with a ballot question but cautioned not to create the illusion
of retaliation. Mr. Jerke explained the Commissioners suggested an annual audit of County Government.
In response to Commissioner Moreno, Mr. Jerke confirmed he is suggesting a performance audit.
Gary Oplinger, resident of Johnstown, reported the County Council is a volunteer position and audits
are good practice. He stated the Board of County Commissioners should be able to explain to the
constituents why they want to disband the County Council.
Richard Grimaud, resident of Johnstown, expressed his concern with the hasty decision to disband
the County Council and referred to the Home Rule Charter and stated to have good government there
should be checks and balances. Mr. Grimaud submitted a letter as Exhibit "C".
Karen Speed, resident of Windsor, expressed her beliefs with government oversight. She stated it
is effective at the Federal level and it can work at the County level as well. She stated the County Council
needs to be retained to ensure the goal of responsible and transparent government.
Diane West, resident of Windsor, disagreed with disbanding the County Council which provides the
checks and balances for the Commissioners. She stated she believes a small group of citizens who have
a problem with County Council are receiving special treatment. She expressed her concern with the
County Council being disbanded and the Commissioners being able to set their own salaries.
Chair Cozad clarified for Ms. West that there wouldn't be a special election; there is an election in
November and the Commissioners do not set their own salaries, the legislature would set the salaries.
Ellen De Lorenzo, resident of Johnstown, stated she is opposed to eliminating the County Council
because she believes in the process of checks and balances.
Mark Lolly, resident of Johnstown, stated he doesn't feel like he needs an intermediate to speak
with the Commissioners. However; explained he would like to see the Commissioners proceed slowly
and with caution when approaching the issue of letting the residents vote on this matter.
Minutes, August 14, 2017
Page 2
2017-2798
BC0016
Eric Ewing, resident of La Salle, stated this decision feels rushed and suspicious and there needs
to be more oversight to avoid potential problems and a waste of tax dollars.
In response to Mr. Grimaud, Chair Cozad stated the matter has not yet been presented to the public
as a ballot issue.
BIDS:
el 1) APPROVE BID #61700122, NUNN GRADER SHED (WATER WELL) - DEPARTMENT OF
BUILDINGS AND GROUNDS: Barb Connolly, Controller, presented the sole bid from Quality Well and
Pump in the amount of $36,500.00 for the first 700 feet. In response to Commissioner Conway, Toby
Taylor, Director of Buildings and Grounds, stated they only had one vendor who replied to the bid.
Commissioner Moreno moved to approve said sole bid. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
NEW BUSINESS:
1) CONSIDER CONTRACT ID #1293 AGREEMENT FOR CHILD PROTECTION SERVICES AND
AUTHORIZE CHAIR TO SIGN — DUNGARVIN COLORADO, LLC: Judy Griego, Director of Department
of Human Services, reviewed the terms of the agreement to provide developmental disability services to
specific youth. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to
sign. The motion was seconded by Commissioner Freeman and it carried unanimously.
El 2) CONSIDER ATTESTATION STATEMENT FOR COLLABORATIVE MANAGEMENT
INCENTIVE FUNDING AWARD FOR SFY 2017-2018 AND AUTHORIZE THE DIRECTOR OF HUMAN
SERVICES TO SIGN: Ms. Griego presented the attestation statement from the Colorado Department of
Human Services requiring that the collaborative management program track clients in target populations.
Commissioner Kirkmeyer moved to approve said attestation statement and authorize the Director of
Human Services to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
3) CONSIDER CONTRACT ID #1294 AGREEMENT AMENDMENT #3 FOR COUNTY
INCENTIVES PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego presented the amendment
which will allow Weld County to receive an additional $73,433.30 if other counties do not meet the
performance measurements. Commissioner Conway moved to approve said agreement amendment
and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
El 4) CONSIDER CONTRACT ID #1352 REGIONAL COMMUNICATIONS USER AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - TOWN OF GARDEN CITY: Bruce Barker, County Attorney, reviewed
the terms of the agreement for dispatch services for the Town of Garden City. Commissioner Kirkmeyer
moved to approve said User Agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Conway and it carried unanimously.
5) CONSIDER CONTRACT ID #1319 REQUEST TO RE -ISSUE STOCK CERTIFICATES FOR
SHARES OF STOCK — RURAL DITCH COMPANY: Devin Traff, Department of Public Works, reported
Weld County is the process of selling Hokestra Pit along with 3.75 shares of the Rural Ditch, to the Central
Colorado Water Conservancy District; however, two (2) of the original stock certificates cannot be
located. He requested the Board submit an approved resolution with the ditch company declaring the
original certificates have been lost and will need to be re -issued. In response to Chair Cozad, Mr. Traff
stated the stock certificates are normally kept with the Clerk to the Board; however, ther is some
Minutes, August 14, 2017
Page 3
2017-2798
BC0016
incertainity as to whether they were received. Commissioner Conway moved to approve said re -issuance
of Weld County's rural ditch stock certificates. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
6) CONSIDER TEMPORARY CLOSURE OF CR 24.5 BETWEEN CRS 9.5 AND 11: Janet
Lundquist, Department of Public Works, presented the closure effective August 14, 2017, through
August 17, 2017, for new roadway construction. She stated it is a project with the Town of Firestone and
Weld County. Commissioner Conway moved to approve said closure. The motion was seconded by
Commissioner Freeman and it carried unanimously.
El 7) CONSIDER TEMPORARY CLOSURE OF CR 20.5 BETWEEN CR 7 AND 1-25 FRONTAGE
ROAD SOUTH: Ms. Lundquist reviewed the closure effective August 22, 2017, through August 25, 2017,
for a 15 -inch drainage culvert replacement. She explained staff will use standard road signs and
barricades, and there will be no dust abatement because the detour route is paved. Commissioner
Moreno moved to approve said closure. Seconded by Commissioner Conway, the motion carried
unanimously.
ei 8) DIRECT WELD COUNTY ATTORNEY TO PREPARE RESOLUTION FOR CONSIDERATION
ON AUGUST 16, 2017, SUBMITTING TO THE QUALIFIED ELECTORS OF WELD COUNTY
PROPOSED AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER TO ELIMINATE THE
WELD COUNTY COUNCIL: Commissioner Freeman moved to continue this matter to August 28, 2017.
The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
Commissioner Moreno expressed his appreciation for everyone bringing their concerns about the ballot
issue. He stated he agrees with a lot of the comments brought forward today and he does not support
putting this item on the ballot for this year's election. Commissioner Freeman stated he agrees with
comments from Commissioner Moreno, and the Commissioners will take the time to make an informed
decision about the ballot issue. lE1 Commissioner Conway suggested it would be important to listen to
everything that was discussed at the meeting. He expressed it looks rushed the way it has been
presented and he wants to avoid the misperceptions. Commissioner Kirkmeyer stated there has been a
lot of discussion about the County Council ballot issue and people are suggesting to let the citizens vote
on it by putting it on the ballot. She expressed the Commissioners have a responsibility to listen to the
concerns of the public. Chair Cozad added to the other Commissioners comments and stated she has
spoken with a lot of citizens who would like to see this on the ballot. She stated her hesitation comes with
the timing of this audit and she expressed she cares about the citizens of the County.
Commissioner Moreno requested that citizens refrain from issuing threats of a recall.
Commissioner Freeman stated he isn't committed to putting this on the ballot but would like to see the
language that the County Attorney comes up with. Upon a roll call vote the motion passed three to two
with Commissioners Conway, and Cozad are opposed. El Mr. Barker stated the language will be
available for the public on the County website before the August 28, 2017. In response to Commissioner
Conway, Mr. Barker stated he will have the language available August 21, 2017. (Clerk's Note: The Board
recessed at 10:24 a.m. and reconvened at 10:40 a.m.)
9) CONSIDER COMMISSIONER MIKE FREEMAN AS ELECTOR ON BEHALF OF THE BOARD
OF COUNTY COMMISSIONERS OF WELD COUNTY IN ELECTION ON AUGUST 15, 2017, AS
ORDERED IN WELD COUNTY DISTRICT COURT CASE NO. 16CV30542: Mr. Barker stated this is to
appoint Commissioner Freeman to participate in a vote on behalf of the Board which was ordered by the
court in the dispute of Severance and Timnath as to which municipality is going to annex certain
properties. Commissioner Kirkmeyer moved to appoint Commissioner Freeman as the elector on behalf
of the Board. The motion, which was seconded by Commissioner Moreno, carried unanimously.
Minutes, August 14, 2017
Page 4
2017-2798
BC0016
10) CONSIDER THE DISSOLUTION OF WELD COUNTY DELWOOD AVENUE LOCAL
IMPROVEMENT DISTRICT NO. 1995-2: Don Warden, Director of Finance and Administration, reviewed
the details of the house keeping from the Department of Local Affairs. Commissioner Conway moved to
approve said dissolution of Delwood Avenue Local Improvement District. The motion, which was
seconded by Commissioner Moreno, carried unanimously.
11) SECOND READING OF CODE ORDINANCE #2017-07, IN THE MATTER OF REPEALING
AND REENACTING WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES (EMPLOYEE
BENEFITS), OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance
#2017-07 by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker
read the title for the record. Patti Russell, Director of the Department of Human Resources, stated there
have been no changes since first reading. No public testimony was offered concerning this matter. In
response to Commissioner Conway, Ms. Russell explained the changes were made for recruiting and
retention efforts made in regards to first responder positions. Chair Cozad recused herself from voting on
this matter because her spouse works in the jail and is subject to the policy. Commissioner Conway
moved to approve on Second Reading. Seconded by Commissioner Freeman, the motion carried
unanimously.
PLANNING:
El 1) REQUEST TO EXTEND THE HOURS OF OPERATION FOR MINOR AMENDMENT,
MUSR15-0020, TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR-1687, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN
PIT MINING AND MATERIALS PROCESSING AND ASPHALT AND CONCRETE BATCH PLANTS,
ALONG WITH IMPORTATION OF RESOURCE MATERIALS IN THE A (AGRICULTURAL) ZONE
DISTRICT - JOURNEY VENTURES, LLC: Michelle Martin, Department of Planning Services, presented
the request for the extension of operation hours and referenced the Section of the Code which reflects
this process. She reviewed the minor amendment which the Commissioners approved extending the
hours of operation to 1.5 hours before daylight and an hour after daylight. Don Dunker, Department of
Public Works, stated the County Road 49 Corridor Project needs to be completed by December 31, 2017,
to avoid having to pay fines.
Chris Leone, representative of J2 Contracting, clarified this request is not for hauling in and out of
the pit, as the previous request was for support concrete paving operations and it was to extend the hours
hauling in and outside of the pit. He explained all the options they have tried have not been enough so it
was decided they need night-time hours to complete the project within the deadline.
Cari Graybill, surrounding property owner (SPO), reported she did not receive a notice and the
neighbors who did receive the notice didn't get theirs until August 10, 2017. Ms. Graybill expressed her
frustration with Journey Ventures and the compromise from the neighbors with letting Journey Ventures
extend the operating hours. She is disappointed that the company hasn't monitored their truck drivers to
ensure they obey traffic laws and aren't using their jake brakes. She stated there has not been any road
maintenance or follow through concerning Journey Venture's permit. Ms. Graybill submitted a letter and
photos, marked Exhibit A, and stated she is not in support of Journey Ventures extending their operating
hours. In response to Commissioner Conway, Ms. Graybill stated she doesn't always document or report
incidents.
Alison Hoff, SPO, expressed her concerns with the excessive speeding of the semi -trucks and the
constant use of jake brakes. She stated she has witnessed trucks turning in front of vehicles and not
Minutes, August 14, 2017
Page 5
2017-2798
BC0016
coming to a complete stop. Ms. Hoff stated the trucks should not be turning west onto County Road 58.
She reported Journey Ventures is already mining seven (7) days a week. She stated this is a bus route,
and the children are picked up at 6:40a.m., and she has concerns with the safety for the children. She
submitted pictures as Exhibit B. a In response to Chair Cozad, Ms. Graybill clarified the trucks staged
on CR 58. She stated she has video of a Driver cleaning concrete out of his truck. She explained there
is a picture of a truck staged on CR 51 to dump bentonite.
EI Sandy Thoutt, SPO, stated her main concern is knowing the plan for lighting at the pit in the evenings
and how will it affect the neighbors. She stated she doesn't want there to be more beeping noise at night.
She requested the Commissioner do not extend the hours to 24/7.
Marsha Baker, SPO, reviewed the Special Review Permit and submitted a copy as Exhibit C. She
specifically addressed Development Standard #7 which states, Journey Ventures, LLC, shall construct a
left-hand turn lane on CR 53 for northbound traffic, prior to hauling off site. She stated she spoke to Greg
at the plant and received a good response. In response to Commissioner Conway, Ms. Baker stated she
agrees with Ms. Graybill that nothing in the permit has been followed and she would like a phone number
that can access a person 24 hours a day.
Bill Dunn, SPO, stated he is opposed to the 24 -hour operating permit, because he doesn't see the
benefit of having the plant operate for twenty-four hours.
Steve Rossencrest, SPO, stated he agrees with the previous comments already made.
El Jeese Stewart, SPO, stated all the truck traffic has becomes a problem and the trucks do not slow
down.
In response to Commissioner Kirkmeyer, Don Dunker, Department of Public Works, explained the
improvements have not been addressed, but staff did improve the turn radii at CRs 58 and 53, before
hauling operations occurred.
Elizabeth Relford, Department of Public Works, stated a letter was sent to J-2 Contracting on
October 19, 2016, notifying them that they have met the triggers for the improvements agreement for the
CR 58 and 53 intersection. She reported Journey Ventures should have their construction drawings
completed by the end of 2017, and once they are approved they will need to submit their right-of-way
acquisition. She reviewed the completion date was pushed to 2020, because there are bridges that need
to be constructed. Commissioner Kirkmeyer stated she feels that there should be a Probable Cause
hearing instead of a request for an extension of hours.
In response to Chair Cozad, Ms. Martin stated this is the first she is hearing of these issues and she
is unaware if they are in compliance with their USR.
Mr. Leone stated he is in compliance of the USR because there is an Improvements Agreement that
has not been recorded and it dictates timelines for the improvements.
Commissioner Conway stated the previous minutes show the request.
Minutes, August 14, 2017
Page 6
2017-2798
BC0016
Commissioner Kirkmeyer stated the Improvements Agreement from 2009, states prior to hauling
and an Improvements Agreement from 2015, Mr. Leone clarified the Improvements Agreement is from
2009. She stated she feels like there is miscommunication concerning the Improvement Agreement.
In response to Chair Cozad, Mr. Dunker stated if the hours of operation are not extended the County
does have other options. He stated Interstate Highway Company will have to obtain the rock somewhere
else to complete the project by December 31, 2017.
El Commissioner Kirkmeyer recommended the operator needs to get in compliance and stated she will
not be in support of the extension.
In response to Commissioner Freeman, Mr. Dunker stated there are other pits to get the materials
from, for example, they can get it from Varra Pit, which is the closest. Mr. Dunker stated there will be an
impact on the construction of the road if they are hauling materials from farther away.
Commissioner Conway stated they can still get their materials from Journey Ventures Pit but there could
be a delay in getting the project complete, however, he doesn't feel that any business in the County
should impact the neighbors, so he will not be in support of extending the operation hours.
Commissioner Kirkmeyer moved to deny the request to extend the hours of operation to 24 hours,
seven (7) days a week. The motion was seconded by Commissioner Conway, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2017-07 was approved on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 11:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtiftvt) j,d0; 6k,
Weld County Clerk to the Board
BY:
uty Clerk to the Board
ozad, Chair
Steve Moreno, Pro-Tem
EXCUSED DATE OF APPROVAL
Sean P. Conway
Mike Freeman
`G lL( �,/C ✓iLL J,A
arbara Kirkmeyer /
Minutes, August 14, 2017
Page 7
2017-2798
BC0016
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Bruce Barker
Monday, August 14, 2017 9:51 AM
Commissioners; CTB
FW: Emailing BOCC meeting on ballot measure.pdf
BOCC meeting on ballot measure.pdf
EXHIBIT
rRtien. In
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only or
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Dave Kisker [mailto:dave.kisker@gmail.com]
Sent: Monday, August 14, 2017 9:49 AM
To: Bruce Barker <bbarker@weldgov.com>
Subject: Fwd: Emailing BOCC meeting on ballot measure.pdf
I probably should have included you on this submission. My comments from today.
Forwarded message
From: "Dave Kisker" <dave.kisker@gmail.com>
Date: Aug 14, 2017 9:28 AM
Subject: Emailing BOCC meeting on ballot measure.pdf
To: <mfreeman@weldgov.com>, <jcozad weldgov.com>, <bkirkmeyer car weldgov.com>,
<sconway@weldgov.com>, <smoreno@weldgov.com>
Cc:
1
Memo to BOCC
AUGUST 14th, 2017
From the BOCC meeting of
September 21, 2016
"I think who needs to be hearing from the citizens is not the five of us," Commissioner Chairman
Mike Freeman said. "I think we need to separate ourselves from the charter review committee
and what they're looking at."
"It would keep the commissioners' influence out of the decision -making process..."
What has changed?
Of course, as we all know the major thing that has changed is that the Weld County Council has
developed a spine and actually moved forward with an audit of the County Clerk and Reporter.
And the Board of County Commissioners.
Of course, it's not the CCR that is making an effort to eliminate the Council. So, one can only
conclude that the changed element is the successful performance audit of the County
Commissioners. Even though none of us knows the content of that audit, given what we do
know about some of this Board's actions over the last year, this action, that appears to be
retaliation against the Council may not be surprising.
Furthermore, the argument that the Council is a waste of money doesn't seem valid. After all,
the Council members are unpaid and have a very limited budget. In typical years, their
expenditures would barely pay for two trips to Jackson Hole, and not even half of a trip to
Breckenridge.
So, instead of eliminating the Council, I'm here today to ask this Commission to instead
STRENGTHEN the Council by making it more independent.
1. Give the Council its own budget that does not need approval from this Board.
2. This should include hiring its own independent legal Counsel when necessary.
3. Charge the Council with developing and forming a County Ethics Commission, independent
from either the Council or this Board.
There may be other significant improvements that can be made, such as better records
archiving and accessibility.
If you are truly interested in the concerns of Weld County residents, then give us the choice :
Do we eliminate the Council? Or do we STRENGTHEN it?
Dave Kisker
6681 Apache Road
Johnstown, CO 80534
To: Weld County Board of Commissioners
From: Gene Stille
Subject: County Council
I would like to express, up front, that I am adamantly opposed to disbanding of the Weld County Council. When
it functions correctly and performs all of its responsibilities, it can save the tax payers money and hold the
elected officials responsible. If there is no County Council, why have a Home Rule Charter? Who would
perform the functions of the County Council? How would you address all those functions on a ballot issue? As
many have indicated, there simply is not enough time between now and September 8th deadline for public input.
You are aware of the following:
• The Weld County Council is charged to review all aspects of County government and makes periodic
written reports to the people.
• The Council invites Weld County citizens and employees to present their comments, ideas, or concerns
regarding Weld County government for the Council to review.
• In addition to reviewing county government, the Council has five functions defined in the Weld County
Home Rule Charter:
1. Set salaries of elected county officials.
2. Fill vacancies on the Board of County Commissioners and on the Weld County Council.
3. May suspend an elected official formally charged or indicted for the commission of a crime or
when a valid petition for recall of an elected official is presented.
4. Review conflicts of interest between any county officer, member of an appointed board, or
employee, and any enterprise or organization doing business with Weld County.
5. To consider requests from the Board of County Commissioners to grant an increased mill levy.
Consider the first bullet point. Who would do the review? Another audit group? Look how long it took to do just
two departments.
Consider the second bullet point. Who would the County citizens and employees present their comments,
ideas, or concerns to? Another department set up by the commissioners? Why not keep what we've got? If,
you as commissioners had time to listen to the citizenry, most citizens would find the commissioner board to be
to intimidating. Don't think they can't be intimidating, because previously when I was a Councilman, I presented
an issue to the Board of Commissioners and they wanted me "to go away". I didn't, and the issue got resolved
by a shake up in the departments. That employee, who brought it to my attention, would never have been able
to express his concerns. When I previously was on the Council, it was my suggestion and motion that we go
from a two term limit to a three term limit for all elected officials. I was on the Ad Hoc committee to develop the
language to put it on the ballot and bring it to the people. It passed overwhelmingly. How would something like
that get accomplished if there wasn't someone representing the constituents?
Now the third bullet point. How would all these functions, 1 thru 5, get accomplished? Would you let the state
legislature do Item Number 1? Though they do to a certain extent by establishing rates for the different county
categories (I thru VI), as a Home Rule Charter, we don't have to abide by those standards. Again, when
previously was on the Council, it was my suggestion and motion that we go from a Category III to a Category
for all elected officials. How would that have gotten done had it not been for the Council? Item Number 2. The
commissioners could fill their own vacancies like many other boards/districts, but it seems that if the Council
does the filling, there would be less likely to have the constituents raising concerns for nepotism and the "good
ole boys club". Item Number 3. That could be addressed by a different department, e.g. the DA or Sheriffs
department, but that is one of the important functions for the Council under the Home Rule Charter. However,
do believe something needs to be done to make the petition for recall a lot easier. No one seems to understand
the process. Item Number 4. Is self explanatory, but what department would accomplish this that would be
non-partisan and unbiased? Granted the Council is not doing a very good job of this now, but that doesn't
mean you the throw the baby out with bath water by disbanding the Council. Let's shore it up! Item Number 5.
Obviously that would go away and the Commissioners would just do it. When that issue comes up to the
Council, they are the ones that can listen to the Taxpayer and the Commissioners to make the most reasonable
call.
Weld County was once 13,286 sq miles and included the area now comprising Weld County, Washington
County, Logan County, Morgan County, Yuma County, Phillips County, and Sedgwick County. Though it is now
4,017 sq. miles, the third largest county in the state (Moffat County at 4,751 sq. miles and Las Animas County
at 4,775 sq. miles), it takes a lot of management from our very capable county commissioners and all of our
elected officials. But our County Commissioners need help from unpaid, elected, non-partisan citizens willing to
put in the time, called the County Council. Right now, there may be some bad feelings, animosity, politics, and
"why did we do this audit" attitude?, and all that, but let's do the right thing and maintain the County Council.
Disbanding will only cause a lot of confusion and discontent and is NOT doing the right thing for our
constituents and should not be a ballot issue.
Weld County is the best place in America to live, let's keep it that way.
Thank you.
Cheryl Hoffman
From:
Sent:
To:
Subject:
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Bruce Barker
Monday, August 14, 2017 10:03 AM
CTB
FW: Home Rule Charter
EXHIIEIIT
et
IS,
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Barbara Kirkmeyer
Sent: Sunday, August 13, 2017 10:36 PM
To: Jennifer Finch <jfinch@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Don Warden
<dwarden@weldgov.com>
Subject: Fwd: Home Rule Charter
FYI
Have a great day
Begin forwarded message:
From: Rich <trailguy46 c gmail.com>
Date: August 12, 2017 at 4:36:01 PM MDT
To: j cozadwe1dgov. corn, bkirkmeyer@weldgov.com, sconway@weldgov.com,
smoreno(aweldgov.corn
Subject: Home Rule Charter
1
From: Rich <trailguy46@gmail.com>
Cc: countycouncil@weldgov.com
Subject: Home Rule Charter
I am a Johnstown resident that's concerned over the hasty, ill conceived, and
suspect dismantling of the Home Rule Charter. It has been very obvious over the
past year or more that the Commissioners do not want, nor accept, outside input
on decisions affecting our county. Irregardless as to the source of the
comments/facts/information (constituent/planning
department/knowledgeable sources) the Commissioners press on in a "my way or
the highway" fashion. This is why the County Council is more important than
ever. Good government requires checks and balances. And I'm fairly certain that
40+ years ago those that created the Home Rule Charter felt likewise and saw the
need for a County Council as well. Listen to your constituents, not 4 good of
boys from the past that you've lined up to support you and this misguided venture.
Richard Grimaud
1744 Goldenvue Dr
2
Stephanie Frederick
rom:
Sent:
To:
Subject:
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Bruce Barker
Monday, August 14, 2017 10:03 AM
CTB
FW: My 2 Cents and Unsolicited "Advice"
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
,therwise protected from disclosure. If you have received this communication in error, please immediately notify
ender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Barbara Kirkmeyer
Sent: Sunday, August 13, 2017 10:33 PM
To: Bruce Barker <bbarker@weldgov.com>; Don Warden <dwarden@weldgov.com>; Jennifer Finch
<jfinch@weldgov.com>
Subject: Fwd: My 2 Cents and Unsolicited "Advice"
FYI
Have a great day
Begin forwarded message:
From: Menda <mrsmouth99@prodigy.net>
Date: August 13, 2017 at 10:15:31 PM MDT
To: "mfreemanraDweldgov.com" <mfreeman agweldgov.com>, "j cozad@weldgov.com"
<jcozad@weldgov.com>, "bkirkmeyerweldgov.com"
<bkirkmeyerweldgov.com>, "sconwaygweldgov.com"
<sconwayweldgov.com>, "smorenoweldgov.com" <smorenoweldgov.com>
Subject: My 2 Cents and Unsolicited "Advice"
Reply -To: Menda <mrsmouth99@prodigy.net>
1
Dear Commissioners,
Just my 2 cents and some advice for the Weld County Commissioners. I have known and worked
with many of the current County Commissioners on a number of projects/issues for a number of
years. There have been times that I am extremely proud of our County and times that I have been
embarrassed, ashamed and downright angry. But so it goes constituents with any elected
government entity. Because I have voted for and supported a few of the current members, I feel
compelled to speak out.
I understand some of the conflicts and have agreed sometimes and disagreed sometimes on the
way controversial things have been handled but I believed that five people of good will could
resolve differences and move forward. I became most distressed at the beginning of 2017 when
the Commissioners, apparently, made some major decisions outside of legally required public
meetings. While I agree that the Commissioners have every right to pick who will chair each
year, the discussion should have taken place in a public meeting. When the Commissioners
decided not to appoint Commissioners Conway to oversee any of the County Departments as has
ALWAYS been done for each and every commissioner since the passing of the Weld County
Charter, I was more than angry. Like him or not, support him or not, he was duly elected just 2
months before and those voters did so because THEY wanted Commissioner Conway to work
for them, the voters, the citizens. This too was obviously discussed and decided outside of legally
required public meetings. Shame on you! Now Commissioners have been asked to place an
initiative on the ballot that would eliminate the Weld County Council from the Charter. The
Council's responsibility is to hold the Commissioners accountable and lately, there has been
considerable accountability questions from the Council.
While it may be legally permissible for the BOC to place this issue on the ballot, it is so
inappropriate, such an utter conflict of interest and smacks of the pure power hungry, "No one is
going to tell us what to do" "Break all the rules if we don't like them" behavior for which the
BOC is so widely accused/known. I am not just talking about in just Weld County but I have
heard it from State and Federal agencies and policymakers. Let the "citizens" that want this on
the ballot show broad community support for it through the petition process. Please do not add
another black eye to the county I love. Julie Cozad, Barbara Kirkmeyer, Steve Moreno, Mike
Freeman and Sean Conway do the right thing.
Do not place this initiative on the ballot as a Weld County BOC initiative but allow the citizen
petition process to succeed or fail based on its merits. The silent majority is watching. For those
of you that profess to be a Christian:
Thessalonians 5:21-22 (KJV)
21 Prove all things; hold fast that which is good.
22 Abstain from all appearance of evil.
In my prayers,
Menda Ide
2
Cheryl Hoffman
From:
Sent:
To:
Subject:
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
115O "O" Street
Greeley, CO 8O632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Bruce Barker
Monday, August 14, 2017 10:02 AM
CTB
FW: Termination of County Council
EXHIBIT
�S
)n4r(P4k Ihpw%
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Barbara Kirkmeyer
Sent: Sunday, August 13, 2017 10:32 PM
To: Jennifer Finch <jfinch@weldgov.com>; Don Warden <dwarden@weldgov.com>; Bruce Barker
<bbarker@weldgov.com>
Subject: Fwd: Termination of County Council
FYI
Have a great day
Begin forwarded message:
From: "Jeffrey T Hare, CPA CISA CIA" <jhare@erpra.net>
Date: August 13, 2017 at 10:10:12 PM MDT
To: Julie Cozad <jcozad@weldgov.com>, Commissioners
<COMMISSIONERS@co.weld.co.us>
Cc: Tyler Silvy <tsilvy@greeleytribune.com>, Sherrie Peif <sherrieapeif.us>
Subject: Re: Termination of County Council
Reply -To: "Jeffrey T Hare, CPA CISA CIA" <jhare@erpra.net>
Julie,
1
One final comment... you imply that I am somehow bullying you into a position by threatening to
recall you if you pursue this course of action.
However, I am guessing the thought hasn't crossed your mind that the BOCC is doing EXACTLY
that to the County Council by even considering this action while their audit report related to the
BOCC is pending. Condemning a private citizen for this, while taking exactly the same course of
action as elected officials is the height of hypocrisy. If not hypocrisy, it is amazing ignorance and I'd
be honored to be the one to point this out to you.
Regards,
Jeffrey T. Hare, CPA CISA CIA
Twitter: @jeffreythare
Blog: jeffreythare.blogspot.com
LinkedIn: linkedin.com/in/jeffreythare
From: Julie Cozad <icozad(c�welddov.com>
To: J. Hare <ihare(a erpra.net>; Commissioners <COMMISSIONERS(c�co.weld.co.us>
Sent: Sunday, August 13, 2017 8:45 PM
Subject: Re: Termination of County Council
Jeff, I would have liked to hear what your reasons are for supporting your premise
rather than a threat to recall me if I don't support your position. I won't be bullied into
making a decision from either side of the issue. As always, if you would like to discuss it
with me I would be happy to talk to you. You can always call me at 970-515-2424. I
have talked to many people over the past several days and a lot have the opposite view
and gave me their reasoning behind it. Thanks, Julie
Sent from my Verizon, Samsung Galaxy smartphone
Original message
From: "J. Hare" <jhareerpra.net>
Date: 8/13/17 8:00 PM (GMT -07:00)
To: Julie Cozad <icozad(�weldgov.com>
Subject: Termination of County Council
Julie
My understanding is that you will hear and decide on whether or not there will be a vote
regarding the termination of the County Council tomorrow.
I see no basis whatsoever for the Commissioners to move forward with such an
initiative.
I urge you to vote against this measure and will be hugely disappointed if you support
this.
2
I have said publicly and will say it to you. I will actively work to recall any of the
Commissioners who support this initiative.
Regards
Jeffrey Hare
Sent from my iPhone
Sent from my iPhone from Yahoo Mail for iPhone
3
a
N
#—J----
M
o
/�
Je
0a
e
3
\--)
--7
Il
v
ADDRESS
VVVJ
�
if\
•-
-C—&
14C1'''
1.41/4
U-
A
‘;.)
Q
0
d
a
f
�'�
o
4'
y
t
UJI
—41�
`(3
,isa- s
1
to
`\
(44t
: 6.'
Li
lk)
m
t�
v
,,
NAME - PLEASE PRINT LEGIBLY
1:0
l
Hello